Chapter 12.32
UNOPENED RIGHTS-OF-WAY
Sections:
12.32.040 Access permits – Contents.
12.32.060 Access permits – Additional requirements.
12.32.010 Purpose.
It is the purpose of this chapter to establish a permit system for and standards regulating the private access use of unopened city rights-of-way in order to insure that private road improvements are minimally sufficient for normal and emergency vehicular traffic, to provide for the equitable sharing of private improvement costs, to further the orderly and economic development of city maintained roads, and to otherwise protect the public health, safety and welfare. (Ord. 85-02 § 1, 1985)
12.32.020 Definitions.
“Access permit” means a permit issued pursuant to BIMC 12.32.040 authorizing construction and permanent use of a privately maintained roadway within unopened or unmaintained city street right-of-way. (Ord. 2003-22 § 14, 2003; Ord. 85-02 § 1, 1985)
12.32.030 Permit required.
Unopened or unmaintained city street rights-of-way shall not be privately improved or used for access purposes, nor shall development approval necessitating such improvement or use be granted, unless an access permit has been issued pursuant to this chapter. In addition to an access permit, to enter onto public property or roadways, a right-of-way approach permit shall be obtained from the department of public works. (Ord. 94-29 § 7, 1995; Ord. 85-02 § 1, 1985)
12.32.040 Access permits – Contents.
Upon filing of a complete application, payment of the fee, posting of a construction bond and dedication of additional right-of-way, if required, the land use administrator may issue a permit authorizing the construction of road improvements and permanent use thereof on unopened or unmaintained city street right-of-way for access to the applicant’s property. Such permit shall contain the following:
A. Required Improvements. The permit shall specify minimum improvements required by the land use administrator in accordance with the standards set forth in BIMC 12.32.050. Construction of such improvements to the satisfaction of the land use administrator shall be completed prior to occupancy or within one year, whichever occurs first, or the permit shall lapse. The permittee shall be responsible for proper notice to the land use administrator requesting necessary inspections.
B. Signs. The permit shall require that the authorized roadway be posted at its entrance with “Privately Maintained Road” and/or “End of City Maintained Road” signs provided by the land use administrator.
C. Approvals. Upon completion of required improvements, the public works director or designee shall indicate his approval on the permit and make appropriate notation thereof upon official city street right-of-way records.
D. Covenant. The permit shall include a covenant running with the land for the benefit of the city of Bainbridge Island which covenant shall be filed with the Kitsap County auditor and contain:
1. A legal description of the lot or parcel to be served by the access permit;
2. A statement regarding the nature of access to such parcel;
3. A statement that the owner(s) of the parcel will not oppose participation in a local improvement district for road improvements, when formation of such a district is deemed necessary by the city;
4. A statement that responsibility for maintenance of the road rests jointly and equally upon all permit holders;
5. A prohibition against allowing additional lots access to the road and a prohibition against subdividing such parcel without obtaining either plat or short plat approval therefor, or if exempt from platting, an access permit for the additional lots being created;
6. Provision is made for the road to be open at all times for emergency and public service vehicle use;
7. A statement that the covenant is binding on the successors and assigns of the owner(s); and
8. The acknowledged signature(s) of the owner(s) of record of such parcel. (Ord. 2001-41 § 2, 2001; Ord. 85-02 § 1, 1985)
12.32.050 Standards.
Road improvements shall be constructed in accordance with the engineering design and development standards, except that residential rural standards rather than residential urban standards shall be applied to the portion of Historic Winslow located west of Lovell Avenue, south of High School Road, east of Weaver Avenue, and north of Wyatt Way. (Ord. 96-43 § 1, 1996; Ord. 94-29 § 8, 1995; Ord. 93-23 § 5, 1993: Ord. 85-02 § 1, 1985)
12.32.060 Access permits – Additional requirements.
A. Plans. Detailed engineering plans and/or a drainage study may be required when considered necessary by the director of public works or otherwise required by law. Costs for the development of such plan and costs of required studies shall be borne by the permit applicant. When required, such plans and study shall be in accordance with the requirements for plat development.
B. Survey. When considered necessary by the director of public works to adequately define the limits of right-of-way, the permit applicant shall cause the right-of-way to be surveyed by a licensed land surveyor. Such survey shall be recorded in accordance with the Survey Recording Act.
C. Dedication.
1. A permit applicant shall be required to deed additional right-of-way across property under the applicant’s authority when necessary to fulfill the minimum road right-of-way width prescribed by Chapter 12.36 BIMC.
2. Slope, wall and drainage easements beyond the right-of-way line may be required to be dedicated by the director of public works.
D. Illegal Subdivision. A permit shall not be issued to provide access to a lot or parcel created in violation of then existing platting law. (Ord. 93-23 § 6, 1993: Ord. 85-02 § 1, 1985)
12.32.070 Fee.
The applicant shall pay an appropriate fee as established by the city by resolution at the time of application. (Ord. 92-24 § 7, 1992: Ord. 85-02 § 1, 1985)
12.32.080 Appeal.
A. An aggrieved person may appeal the action of the land use administrator in granting, denying, conditioning, or otherwise acting upon a permit by filing a written notice of appeal to the city council with the city clerk within 30 days of the date of such action. The clerk, upon receipt of an appeal, shall schedule a public meeting before the city council at which time testimony will be taken. Based upon the data supplied at this meeting and such other information as the city council may request, the council may either sustain, reverse or modify the action of the land use administrator.
B. The decision of the city council shall be final unless an appropriate lawsuit is instituted in Kitsap County superior court within 20 days of the council’s action. (Ord. 85-02 § 1, 1985)
12.32.090 Penalties.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, punished by a fine of up to $5,000 or imprisonment for up to 30 days, or both such fine and imprisonment. (Ord. 85-02 § 1, 1985)